View Full Version : Off to court
Sturgeon 42
02-17-2003, 01:57 PM
I am off to court tomorrow morning, I am pleading not guilty to ( Lane violation) as regards to one of my previous posts where a ship gave me ONE horn blast and then passed, and then called the Sherriff boat to say I did not move. I was not in the shipping channel and was out of his way, and if I was in his way as he says, He should have blasted those horns 5 times and I would have scattered..... I will let you all know how it turns out, and thanks for all the responses, to my last post........ :grin: :grin: :grin:
chummer
02-17-2003, 02:14 PM
Good luck john!! Hope you have a sympathetic ear to plead your case to. Please let us know how it turns out so that we can learn from your experience.
U. I.
02-17-2003, 02:18 PM
interesting......
captain is probably giving you a hard time because you didn't give him major space.
Sounds like he already screwed you, you could of been fishing instead?
Sometimes the best defense is a good offense!
Don't let the &*^*%&*& beat you down.
edsr
'ZZZZzzzzzz'
02-17-2003, 02:46 PM
Good Luck John. I hope that it turns out in your favor.
Z's-
Pilar
02-17-2003, 03:13 PM
Good luck '42. Keep your cool and tell the court what happened in your own words. Sometimes just showing up at court beats the ticket or gets the cost of guilty down to 1/2.
Sturgeon Tom
02-17-2003, 03:51 PM
Read the regs and be able to quote it to the judge it will make a heck of an impression on him that you know what you are talking about and not just trying to beat a ticket.
Good Luck
cannonball
02-17-2003, 06:16 PM
Rember to dress neatly and speak to the judge with respect, let them know your serouis by showing them respect. good luck!!!
dawhunt
02-17-2003, 06:20 PM
Good luck !! hope it works out for you.
Bob
STGRule
02-17-2003, 06:23 PM
It wouldn't hurt to have the Cuising Atlas with you to show the judge where you were and where the channel is. Visual aids can help. The old "a picture is worth a thousand words".
I would highly doubt the captain would show up...hence, no one to present state's witness against you, or something to that effect. Good luck.
esfshnhnt
02-17-2003, 06:29 PM
good luck john, could it have been a shaver tug& barg?? thoes guy's seem to think the whole river is the shipping lane!! i've had many cases where a tidewater would go past me with no problims, foss also, and then a shaver would come along and blast away like a little kid with his first air horn. i've herd the one's that get so nervous are the one's that have ran a few boats over?? that be my 2 cents.
WildHawg
02-17-2003, 06:41 PM
I am not a lawyer, and have not taken a Coast Guard test in 10 + years, however--I believe it is the vessel making way that has the responsibilty to alert the vessel at anchor that it is blocking the channel. I have not looked, but I bet the regs are online. Could end your problem fairly quickly if you have a witness who can attest that they only gave one blast as they passed.
Ultimately remember though, these boats are not maneuverable, nor do they stop quickly. Best to get out of there way no matter what your legal "right".
One thing I am sure of--if he had decent visibility, there is no reaon for him to pass close to you without giving 5 short blasts long before he arrived. That was negligence on his part--hammer him for others safety!
Good Luck, 'Hawg
Jerry Dove
02-17-2003, 07:46 PM
John. rember if you plead not guilty, that means you have to set a date for a trial and come back again. I think, if you plead no contest and let the judge take it from there. It will probably be cheaper. Just a thought. Jerry
ctflyfish
02-17-2003, 08:00 PM
Are you charged with a Federal CFR violation (Inland Rules of the Road) or with a state statute?
1pump
02-17-2003, 11:31 PM
If I remember right, he was cited by the Multnomah County River Gestapo after the pilot of a large ship complained.
As a victim of the river patrol's harassment, I wish you luck and divine providence (or something like that). Give 'em one for me.
http://www.lorenz-world.com/smilies/182.gif
Lo-Pro16
02-18-2003, 12:06 AM
John,
From what I've read, I don't think you're guilty, and I put up one heck of a fight in court to clear your name. FYI "no contest" means
nolo contendere
[-ken-'ten-de-re, -ra]
Latin, I do not wish to contend
: a plea by a defendant in a criminal prosecution that without admitting guilt subjects the defendant to conviction as in the case of a guilty plea but that does not bar denial of the truth of the charges in another proceeding (as a civil action based on the same acts)
(called also no contest, non vult contendere)
(compare guilty not guilty § 1)
This is out of a law dictionary. I don't like the part "subjects the defendant to conviction as in the case of a guilty plea".
Pitch Pocket
02-18-2003, 07:48 AM
Plead not guilty, get a court date, wait until 1 week prior, ask to postpone, keep postponing until elk season. The officer that wrote the ticket will probably not show up.
fishing is life
02-19-2003, 12:00 AM
i remember this post a while back. if my memory is right i think this was a Navy ship. I talked to a few of the guys i deal with from the barge companies and he reminded me these days you have to be a certain distance away from Navy vessels. i cant remember how far now. does anybody know?
Chrome_Miner
02-19-2003, 12:03 AM
You have to be 500 ft away from any military vessel
Mr. Fisherman
02-19-2003, 02:52 AM
Well, are ya behind bars or what?
Sturgeon 42
02-19-2003, 07:33 AM
I went to court and plead NOT GUILTY and will get court date in mail, probably 4 to 6 weeks out. I probably will be on vacation so court date not a problem.. Any info on maps and rules for ships would be appreciated thanks.. PS I will be prepared when I go to court I promise..... :grin: :grin: :grin:
Sturgeon Tom
02-19-2003, 07:52 AM
If you know the vessel that did not blow 5 times to worn you. You should subpoena the captin and make him admit only one time. That and your witness would go a long way. Then being able to quote the regs I would think would do it.
Good Luck.
springer4you
02-19-2003, 09:12 AM
Oregon isn't home to any Navy vessels, but boaters here may have occasional contact with them during port calls, at events such as Rose Festival, or if they visit Puget Sound. With that in mind, boaters must be aware of the Naval Vessel Protection Zone (NVPZ) regulations, which were implemented after 9/11.
These regulations require the following:
All commercial and recreational vessels must remain at least 100 yards from any Navy vessel and must operate at minimum speed while within 500 yards, proceeding only at the direction of the Commanding Officer or the official patrol operating in the area. The requirement applies to all Navy vessels that are underway, moored or anchored.
Violations are punishable by up to six years in prison and/or up to $250,000 in fines.
Recreational boats should stay away from cruise ships, tankers, LNG ships and others commercial vessels.
Boaters must observe and avoid all security zones around high security risk facilities such as bridges, refineries and power plants. Failure to do so will likely result in a law enforcement boarding.
Do not stop or anchor beneath bridges or in the channel.
I was unaware of this myself. I took my Boaters Ed. before 9/11
[ 02-19-2003, 09:17 AM: Message edited by: springer4you ]